Georgia Attorney General Hasn’t Responded to Request for Rehearing in Ballot Access Case

Fifteen days ago, the Georgia Green Party and the Georgia Constitution Party asked for reconsideration in the ballot access case. The Georgia Attorney General has not responded. It is somewhat unusual for a request for reconsideration to be filed, and to elicit no response from the other side.

The case challenges the Georgia ballot access laws for President, which are so stringent, no one has successfully petitioned for President in Georgia since 2000. The U.S. District Court had dismissed the case on the grounds that the U.S. Supreme Court opinion from 1971, Jenness v Fortson, means those procedures are constitutional. But the parties had then asked for reconsideration, pointing out that Jenness v Fortson did not concern presidential ballot access, and also that more recently, the U.S. Supreme Court, and the 11th circuit, had both said presidential ballot access is entitled to more protection than ballot access for other office. Georgia is in the 11th circuit.

Trial Date Set in California Lawsuit over Deadline for Newly-Qualifying Parties

U.S. District Court Judge Percy Anderson has scheduled a trial for October 16, at 9 a.m., in California Justice Committee v Bowen, central district, 2:12cv3956. This is the case over the constitutionality of California’s January petition deadline for newly-qualifying parties. The judge had already enjoined this deadline, in May 2012, on the basis that the deadline is probably unconstitutional. The case had been filed in May by the Justice Party and the Constitution Party.

Four States Hold Primaries on August 7; Results Show Incumbents Far More Likely to Lose in Normal Partisan Primaries than in Top-Two Primaries

Ballotpedia has analyzed the primary election returns from August 7. See here. In Kansas, 34% of all incumbent legislators running for re-election who had primary opponents were defeated. Kansas has closed primaries.

In Michigan, which has an open primary, 14% of all legislative incumbents running for re-election who had opponents were defeated. In Missouri, which also has an open primary, 23% of the legislative incumbents running for re-election who had opponents were defeated.

But in Washington state, which has a top-two primary, not a single legislative incumbent was defeated for re-election. These results confirm earlier research that no system is kinder to incumbents running for re-election than top-two systems. In California’s top-two primary in June this year, no incumbents were defeated. Thanks to Eric O’Keefe for the link.

Green Party Submits Alaska Petition

On August 8, the Green Party of Alaska is submitting approximately 4,500 signatures, to obtain “Limited Political Party” status in Alaska. The requirement is 3,273 valid signatures. “Limited political status” means a party is qualified only for the limited purpose of placing its presidential and vice-presidential nominees on the ballot.

Assuming the petition is valid, this will be the first time since 2006 that the Green Party has had any nominees on the ballot in Alaska. The party was ballot-qualified for all office in the past, but didn’t poll enough votes to remain on the ballot in 2006, and did not appear on the ballot for president in 2008.